ILR super priority 2 weeks late, URGENT need to travel

[Arkiliknam]

Dear all,

We are in a very difficult situation and would appreciate any help on this matter.

My wife and I are applying for ILR now. We are eligible and our immigration layers say we have a strong case. We applied for 24 hour super priority service and submitted our application over 2 weeks ago. We have had no update since. We have been chasing the case with immigration and written to our local MP, all so far to no avail.

This morning we received devastating news that my wife's mother has been diagnosed with terminal cancer with only months left. We should be on a plane right now to support our family, but we cannot travel due to our ILR process.

To add to the stress, our current Tier 2 visas expire in March. So my whole family here in the UK, my wife, myself and our two daughters 1 and 4 years old are living in complete uncertainty and now torture of not being able to travel due to the immigration process.

I would appreciate any advice on how to escalate the process and give us the freedom to live our lives and look after our loved ones.

Regards,
Andre

[CR001]

In the long running Super Priority Service experience topic, users are posting the below and link, to check if their current BRP has changed status to 'indefinite stay'.

So for all those who are in the painful wait - you may want to regularly check the status of your current BRP at this link - https://www.gov.uk/prove-right-to-work . I am not sure if this guarantees anything but it doesn't hurt.

Are you sure the lawyer hasn't heard or received anything back from HO?

Why would you not have a 'strong case' after 5 years on Tier 2??

Of course the other dilemma you will have is returning to the UK if your children's visas have expired and they don't have ILR.

[Arkiliknam]

The lawyer has had less contact with the HO than we have. They are speculating that the process in being delayed because the dependants on the original Tier 2 visa did not apply for ILR at the same time and urging us to get all of us to apply for ILR to get over this. In my opinion, this is pure speculation and I can't see how this would help the situation and just add to the cost as they wouldnt need ILR once one of us gets it.

We know the lawyers made some some stupid errors on our application and addressed them in the cover letter. I suspect that may be the cause of the delay. It is extremely frustrating to say the least.

Thanks CR001! You're a great resource to us all.

Andre

[CR001]

They are speculating that the process in being delayed because the dependants on the original Tier 2 visa did not apply for ILR at the same time and urging us to get all of us to apply for ILR to get over this. In my opinion, this is pure speculation and I can't see how this would help the situation and just add to the cost as they wouldnt need ILR once one of us gets it.

Yes, this will cause a delay especially if the children have held a PBS Dependent visa. HO will write to you to ask about the children and what your intentions are.

We know the lawyers made some some stupid errors on our application and addressed them in the cover letter. I suspect that may be the cause of the delay. It is extremely frustrating to say the least.

What 'stupid errors'??

[Arkiliknam]

1. They used the old sponsorship code on the application (apparently it changed before my wife applied).
2. They didn't enter previous countries of residence, their mistake. They understood it as only is the past 5 years, but now they realise that it means our whole lives. We're Australian, so of course that should have been entered.

Although they had the case for several months, they only realised the day before the appointment and it was too late to make changes. So instead, they addressed this all in the cover letter and assured us it would be fine.

My wife is now on the phone to the lawyer... seems like we will all be applying for the super priority service so we go home and support our family... I only hope that they can process it as fast as we pay them to, as this has become a real family emergency now.

[Arkiliknam]

Unfortunately I could find no information about the dependant visas. The information I found from official guidance was that dependants apply after the main sponsor has been granted ILR.

[Arkiliknam]

Update on the case

Today we were notified by the lawyers that the ILR application had been approved. Now we just need to wait for the official confirmation and new BPR.

Not sure if anything helped the situtation, but we did contact our MP who in turn contacted the Home Office to escalate the case. We also contacted the immigration centre and requested to speed up the case on the terms of medical grievance.

We have not yet applied for ILR for the dependants.

[CR001]

Congrats.

You don't of course have to apply for the children. They can still register as British even if they are overseas.

[Arkiliknam]

Thanks CR001.

I asked a follow up question in the Citizenship forum (british-citizenship/child-citizenship-a ... l#p1745431), but no harm asking again here.

If the kids now apply for citizenship, can they travel while they wait for the process to complete and if their old visas should lapse, reenter the UK with their Australian passports which grant 6 months tourism visas while they wait for their citizenship? Sounds dicey to me, since they aren't tourists.